Abstract

The use of comparative and doctrinal methodology was applied in this paper. The doctrinal methodology was a desk-based research approach that comprised case laws and legal materials that are relevant to the paper. The comparative approach involved a critical analysis, evaluation of facts and write up in relation to the theory of prosecution by exploring relevant statutory materials and text books and treaties. Although there are various theories of prosecution, this paper focuses mainly on two theories of prosecution which are the servant of the law theory and the what and who theory of prosecution. It also discusses the effectiveness of the theories of prosecution in relation to private prosecution. It considers the importance of the theories and the expected responsibilities of the private prosecutor by imbibing the discussed theories. Finally, the paper recommends that private prosecution should embrace the servant of the law theory as it does not just promote justice but it ensures that priority is placed on the constitutional provisions of the rights a defendant and protection of crime victims

Keywords: Theories, Prosecution, Private Prosecution, Servant of the Law, What theory, Who theory.